X184 Pension increase (husband).N.I.
(1)Where a Category A retirement pension is payable to a woman for any period—
[F1(a)which began immediately on the termination of a period for which the pensioner was entitled to an increase in incapacity benefit by virtue of any provision of regulations under section 86A below prescribed for the purposes of this paragraph, and]
(b)during which the requirements of either paragraph (a) or (b) of subsection (2) below are satisfied (without interruption),
then, the weekly rate of the pensioner’s Category A retirement pension shall be increased by the amount specified in relation to that pension in Schedule 4, Part IV, column (3) (“the specified amount”).
(2)The requirements referred to in subsection (1)(b) above are—
(a)that the pensioner is residing with her husband;
(b)that the pensioner is contributing to the maintenance of her husband at a weekly rate not less than the specified amount, and her husband does not have weekly earnings which exceed that amount.
(3)Regulations may provide that for any period during which the pensioner is residing with her husband and her husband has earnings—
(a)the increase of benefit under this section shall be subject to a reduction in respect of the husband’s earnings; or
(b)there shall be no increase of benefit under this section.
Editorial Information
X1Ss. 83 and 84 are replaced by s. 83A (6.10.2010) by virtue of S.I. 1995/3213 (N.I. 22), art. 123, Sch. 2 Pt. II para. 2
Textual Amendments
F1S. 84(1)(a) substituted (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 40(1), Sch. 2 para. 8; S.R. 1996/401, art. 2